Part 41 published on 01/02/13
“Single family” provision did not prohibit live-in caregiver
The condominium’s by-laws stated that the units could only be used as single-family dwellings, and that roomers and boarders were prohibited.
An owner was 87 years old, and blind. He hired a live-in caregiver. The question was whether or not this violated the by-laws.
The Court said that “the presence in a unit of a live-in caregiver, who is required to provide necessary assistance to infirm residents, does not mean the unit is ‘being used other than as a single family dwelling’…”.
The Court was careful to say that the Canadian Charter of Rights and Freedoms and the Alberta Human Rights Act each did not apply. The Court’s decision was based simply upon an interpretation of the by-law. The Court added that it would be open to the condominium corporation to pass a new by-law, specifically prohibiting live-in caregivers, if it wished. The Court said: “That way, prospective purchasers might be made aware that, in the event that they suffer some catastrophe or infirmity, (the condominium corporation) will require them to vacate, rather than have access to necessary live-in medical care.”